Application Receipt Date: 080201	

Prior Review    Prior Review Date: None

I.  Applicant Request
Request:  Upgrade     Reason Change     RE Code Change    

Issues: See DD Form 293 submitted by the Applicant

II.  Were Proper Discharge and Separation Authority procedures followed?  
Yes    No        Tender Offer:   ?????

See Attachments:  Legal     Medical     Minority Opinion     Exhibits 

III.  Original Character of Discharge
Unit CDR Recommended Discharge:    Date: 940415
Discharge Received:     Date: 940517   
Chapter: 5-13    AR: 635-200
Reason: Personality Disorder
RE:     SPD: JFX
Unit/Location: Company F, 704th MSB, 4th Infantry Div (Mech), Fort Carson, Colorado 

Time Lost: None

Article 15s (Charges/Dates/Punishment): None

Court-Martials (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  661028  
Current ENL Date: 910603    Current ENL Term: 2 Years  (23 month extension)
Current ENL Service: 02 Yrs, 11Mos, 17Days ?????
Total Service:  07 Yrs, 08Mos, 09Days ?????
Previous Discharges: RA 860909-910602/HD
                                      
Highest Grade: E-5
Performance Ratings Available: Yes    No 
MOS: 35G20/Med Equipment Repairer   GT: 113   EDU: GED   Overseas: Korea, Germany   Combat: None
Decorations/Awards: ARCOM, AAM, ASR, GCMDL, OSR, NDSR, Navy Unit Commendation
V.  Post-Discharge Activity
Home of Record: 
Post Service Accomplishments: None

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      Evidence of record shows that on 13 April 1994,  the applicant was diagnosed by competent medical authority with a Personality Disorder with Anti Social and Passive Aggressive Traits.  On 15 April 1994, the unit commander notified the applicant of initiation of separation action under the provisions of AR 635-200, Chapter 5, paragraph 5-13, by reason of personality disorder, diagnosed by a medically qualified psychiatrist as suffering from a personality disorder of such severity that it impairs his ability to perform his daily military duties.  It has also been concluded that it is unlikely that efforts to rehabilitate or develop him into a satisfactory member of the military would be unsuccessful.  He was advised of his rights.  The applicant consulted with legal counsel, was advised of the impact of the discharge action, and did not submit a statement in his own behalf.  The applicant voluntarily waived his rights to an administrative separation board.  The unit commander subsequently recommended separation from the service with an honorable discharge.  The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with an honorable discharge.  On 22 April 1994, the separation authority directed that the applicant be discharged with a characterization of service of fully honorable.

      b.  Legal Basis for Separation:  
      Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel.  Paragraph 5-13 provides that a Soldier may be separated for personality disorder, not amounting to disability under Army Regulation 635-40, that interferes with assignment to or performance of duty. The regulation requires that the condition is a deeply ingrained maladaptive pattern of behavior of long duration that interferes with the Soldier's ability to perform duty. The regulation also directs that commanders will not take action prescribed in this chapter in lieu of disciplinary action; requires that the diagnosis concludes the disorder is so severe that the Soldier’s ability to function in the military environment is significantly impaired; and states that separation for personality disorder is not appropriate when separation is warranted under chapter 4, 5, 7, 9, 10, 11, 13, 14, or 15; Army Regulation 604-10 or Army Regulation 635-40.  Army policy requires the award of a fully honorable discharge in such case.

      c.  Response to Issues, Recommendation and Rationale:  
After a careful review of all the applicant’s military records for the period of enlistment under review, the issue and documents he submitted, the analyst recommends that relief be denied in this case.  A mental status evaluation by competent medical authority diagnosed the applicant with a personality disorder.  The unit commander subsequently recommended separation under provisions of AR 635-200, Chapter 5, paragraph 5-13, by reason of a personality disorder, with an honorable characterization of service.  The analyst was satisfied that all the requirements of law and regulations were met and the rights of the applicant were fully protected throughout the separation process.  Furthermore, the file was void of any evidence of PTSD or injuries sustained by the applicant while in Korea and the applicant did not provide any corroborating evidence of the aforementioned medical issues. Therefore, the analyst determined the narrative reason for discharge was both proper and equitable and recommends to the Board to deny relief.
      

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 14 March 2008              
Location: Washington DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: None




VIII.  Board Decision
The discharge was:			Proper	 	Improper	
				                 	Equitable	 	Inequitable	

The characterization of service was:   Proper	 	Improper	
				                 	Equitable	 	Inequitable	

The narrative reasons were: 	       	Equitable	 	Inequitable	

DRB voting record:  		      Change 0    No change 5   - Character
		 			      Change 0    No change 5   - Reason
					      (Board member names available upon request)

IX.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant’s record of service during the period of enlistment under review and considering the analyst’s recommendation and rationale, the Board determined that the discharge was both proper and equitable and voted to deny relief. 

Case report reviewed and verified by: Gloria Blake, Examiner									        
X.  Board Action Directed
No Change 
Issue a new DD Form 214  
Change Characterization to:    
Change Reason to: NA
Other: NA
RE Code:  
Grade Restoration:   No   Yes  Grade: ?????

XI.  Certification Signature and Date
Approval Authority: 

MARK E. COLLINS
Colonel, U.S. Army
President, Army Discharge Review Board

Official: 


CHRISTINE U. MARTINSON			DATE: 14 March 2008
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080002092

Applicant Name:         
______________________________________________________________________


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